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Resolution No. 2019-xx
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<br />15061(b) (3). This exemption applies to projects where it can be seen with certainty that
<br />there is no possibility that the activity in question may have a significant effect on the
<br />environment. The project proposes to allow the operation of a banquet facility with on-
<br />premises sale of alcoholic beverages at a full-service restaurant with after-hours
<br />operation only on weekends and minor interior tenant improvements. There is no
<br />reasonable possibility that the project will have a significant effect on the environment due
<br />to the facility having the necessary infrastructure to operate the proposed use and no new
<br />expansion of the existing building is proposed. Based on this analysis, a Notice of
<br />Exemption, Environmental Review No. 2019-97, will be filed for this project.
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<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br />demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations, and
<br />such other procedures), judgments, orders, and decisions (collectively “Actions”),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
<br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the
<br />City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof (including actions approved by the voters of the City) for or
<br />concerning the project, whether such Actions are brought under the Ralph M. Brown
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
<br />Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
<br />local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
<br />court of competent jurisdiction. It is expressly agreed that the City shall have the right to
<br />approve, which approval will not be unreasonably withheld, the legal counsel providing
<br />the City’s defense, and that Applicant shall reimburse the City for any costs and
<br />expenses directly and necessarily incurred by the City in the course of the defense.
<br />City shall promptly notify the Applicant of any Action brought and City shall cooperate
<br />with Applicant in the defense of the Action.
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<br />Section 4. The Planning Commission of the City of Santa Ana after conducting
<br />the public hearing hereby approves Conditional Use Permit No. 2019-35 for after-hours
<br />operation, as conditioned in Exhibit A, attached hereto and incorporated herein, for the
<br />project located at 1602 East First Street. This decision is based upon the evidence
<br />submitted at the abovesaid hearing, which includes, but is not limited to: The Request
<br />for Planning Commission Action dated December 9, 2019, and exhibits attached
<br />thereto; and the public testimony, written and oral, all of which are incorporated herein
<br />by this reference.
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<br />ADOPTED this 9th day of December, 2019.
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